n Acta Juridica - The theory of the second actor revisited : comparative studies

Volume 2006, Issue 1
  • ISSN : 0065-1346
  • E-ISSN: 1996-2088



This paper tells the tale thus far of the development of an approach to the void/voidable conundrum, shortly to be described, that lies near the heart of administrative law. I have developed the 'second actor' approach to this conundrum and have written about it before, most prominently in my essay 'The Metaphysic of Nullity'. It is placed before this workshop for two reasons: first, to test whether the theory of the second actor survives the critical scrutiny of this distinguished gathering; and, secondly, to give an account of some of the more recent developments relevant to it. Sometimes the kind of conceptual reasoning we are about to indulge in is perceived as a kind of sterile formalism, likely to tempt the administrative lawyer into error. So, finally, I hope also to demonstrate that conceptual reasoning is crucial to the rule of law and the just decision of many administrative law cases. But let us first turn to the central conundrum.

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